Higher Court Administration Exam flashcards

35 cards. Read the term and the definition here. The deck at the top of this page is optional.

Clearance rate

Disposals in a period divided by filings in the same period. A value of 1.0 indicates the pending inventory is stable; below 1.0 the backlog grows.

Congestion index

Pending cases at period end divided by disposals in the period. It estimates how many periods would be needed to clear the inventory at current throughput.

Span of control

The number of subordinates reporting directly to one supervisor. In registries, more than about eight to twelve direct reports usually requires an intermediate supervisory layer.

Judicial versus administrative authority

Judicial authority covers adjudication and discretion; administrative authority covers budgets, staff, and facilities. The two lines meet only at the court's top judicial officer.

Non-delegable judicial discretion

Tasks such as bail, sentencing, admissibility, and costs cannot be delegated to registry staff. Administrative and case-preparation work can be delegated.

Cause of action

The set of facts giving rise to a legal right to relief. A civil claim needs a cause of action, capacity, jurisdiction, and standing.

Substituted service

Delivery of process to another person at the defendant's residence, or by another method the court authorizes, where personal service cannot be achieved.

Res judicata

A final judgment bars a later action between the same parties on the same subject matter and cause of action. It protects finality of litigation.

Interim injunction test

The applicant must show a serious question to be tried, irreparable harm or balance of convenience favouring the order, and usually an undertaking as to damages.

Limitation period

A statutory time limit within which an action must be commenced. Expiry bars the remedy, not the underlying right, and the defence is generally waivable.

Default judgment conditions

Entry requires proof of valid service, failure to appear or defend within the prescribed period, and, in many systems, a hearing to assess the amount claimed.

Detention review period

The maximum time an arrested person may be held before being brought before a judicial officer, commonly 24 to 72 hours depending on the jurisdiction.

Actus reus and mens rea

The physical element of an offence (conduct, circumstances, consequences) and the mental element (intention, knowledge, recklessness, or negligence). Both must be proved.

Chain of custody

The documented record of who handled physical evidence and when, from seizure to production in court. A break affects weight rather than automatic admissibility.

Exclusion of unlawfully obtained evidence

A court may exclude evidence obtained by unlawful search or coerced confession where admission would bring the administration of justice into disrepute, weighing breach seriousness against trial impact.

Double jeopardy

The rule that a person acquitted or convicted cannot be tried again for the same offence, subject to appeal or a narrowly authorized retrial for serious offences.

Ultra vires

A decision made beyond the powers conferred by statute. It is a ground of judicial review and renders the decision invalid regardless of its merits.

Natural justice

The duty to give notice of the case, disclose adverse material, allow a response, and decide without bias. Its content scales with the impact of the decision.

Exhaustion of remedies

The requirement that a claimant use available administrative appeal routes before seeking judicial review, unless the remedy is inadequate, futile, or the issue is purely legal.

Certiorari and mandamus

Certiorari quashes an unlawful administrative decision; mandamus compels performance of a public duty. Both are prerogative remedies in administrative litigation.

Ouster clause

A statutory provision purporting to exclude judicial review. Courts read such clauses narrowly and generally still review for jurisdictional error.

Subject-matter jurisdiction

The statutory or constitutional power of a court to hear a class of case. It cannot be conferred by consent, waiver, or agreement of the parties.

Territorial jurisdiction

The geographic connection allowing a court to hear a civil claim, typically the defendant's residence, the place the cause of action arose, or the location of disputed property.

Judicial recusal

Withdrawal of a judge where a personal, financial, or family interest exists, or where a reasonable observer would perceive bias in the circumstances.

Ex parte communication

Contact with a judge about a pending case by one party without the others present. It is prohibited except for scheduling matters communicated to all parties.

Judicial misconduct versus error

Misconduct is disciplinary and may lead to removal; a mere error of judgment is corrected on appeal and is not a disciplinary matter.

Case register

The authoritative index of all cases, recording case number, parties, filing date, hearing dates, orders, and disposition. It underpins statistics and public access.

Retention schedule

A rule specifying how long each class of court record is kept. Permanent records include final judgments; destruction of other records requires documented authority.

Electronic audit trail

A tamper-evident log of who accessed, modified, or deleted an electronic case document. It supports authentication and integrity checks of the electronic file.

Segregation of duties

The control principle that the officer authorizing expenditure must differ from the officer recording payment and reconciling the bank account, reducing fraud risk.

Commitment accounting

Recording a budget obligation when a purchase order or contract is issued, rather than when payment occurs, so the same funds cannot be committed twice.

Merit-based recruitment

Selection based on published criteria and a documented assessment method, with a written record of the decision. Departures from the criteria must be justified in writing.

Proportionality of sanction

The disciplinary penalty must match the gravity of the misconduct, the employee's prior record, and mitigating circumstances. Dismissal is reserved for serious or repeated misconduct.

Electronic filing receipt

A timestamped acknowledgement issued by the e-filing system that proves the document was submitted. It establishes the filing date for limitation purposes.

Role-based access control

An access model granting system permissions according to the user's official role, so that staff see only the case data their duties require.